04-0124 FLORES V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d04-0124

Case Date: 07/20/2005

Plaintiff: 04-0124 FLORES

Defendant: STATE

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
JESUS FLORES, Appellant, vs. THE STATE OF FLORIDA, Appellee.
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
THIRD DISTRICT
JULY TERM A.D., 2005

**
**
** CASE NO. 3D04-124
** LOWER

TRIBUNAL NO. 98-11303 **
Opinion filed July 20, 2005.
An Appeal from the Circuit Court for Miami-Dade County,

Scott Bernstein, Judge.
Nancy C. Wear, for appellant.
Charles J. Crist, Jr., Attorney General and Douglas J.
Glaid, Assistant Attorney General, for appellee.
BEFORE RAMIREZ and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.
PER CURIAM.
Defendant appeals from the following order, rendered after an evidentiary hearing, denying his application for postconviction
relief on the asserted ground of ineffectiveness of trial counsel:
1.
When the Defendant testified, his testimonywas flat and emotionless. However, the Defendant consistently denied the allegationsof wrongdoing. The jury simply did not believe him. Accordingly, the way in which[defense counsel] Mr. Mastos prepared Mr. Flores to testify at trial did not affect theoutcome of the trial. Even if Mr. Mastos had prepared Mr. Flores differently, the jurywould still have found Mr. Flores guilty.

2.
Mr. Mastos

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